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USPTO Director Orders Rare Reexamination of Nintendo ‘Sub-Character’ Battle Patent

The intervention signals a second look at whether Nintendo’s autobattling claims were truly new.

Overview

  • The order opens an ex parte review of U.S. Patent No. 12,403,397, which claims a system where a summoned sub-character fights under manual or automatic control.
  • Director John A. Squires cited “substantial new questions of patentability” based on prior art identified as Konami’s 2002 Yabe patent and Nintendo’s 2020 Taura patent.
  • Director-initiated reexaminations are uncommon, with roughly 175 such filings since 1981, according to patent attorney Andrew Velzen.
  • Legal experts say the original examination appeared unusually cursory, and the USPTO will reassess the claims under novelty and obviousness standards.
  • The U.S. review is separate from Nintendo’s Tokyo lawsuit against Pocketpair, as scrutiny has intensified following a recent Japanese patent-office rejection in the same patent family, and the outcome in the U.S. remains uncertain with potential for claim narrowing or cancellation.